02/28/2012

The Future of Legal Ethics

The next wave of changes in the Model Rules of Professional Conduct is building up offshore as the work of the ABA's Ethics 20/20 Commission begins to draw to a close. The terrific Legal Ethics Forum blog has a post by the Commission's chief reporter, Andrew Perlman, that serves as a handy guide-at-a-glance to where things stand at the moment. Gelman has posted in the hopes of getting detailed, helpful comment by the Commission's next meeting in early April. Here's the guts of the post:

Amendments to Model Rule 1.1 (Competence) to clarify that lawyers have an obligation under the Rule to make reasonable efforts to ensure that the work outsourced to lawyers is performed competently and contributes to the overall competent and ethical representation of the client. A new Comment identifies the relevant factors to consider when assessing whether those efforts have been reasonable.

Amendments to Model Rule 5.3 (Responsibilities Regarding Nonlawyer Assistants) to underscore that lawyers should make reasonable efforts to ensure that nonlawyers outside the firm provide their services in a manner that is compatible with the lawyer’s own professional obligations, including the lawyer’s obligation to protect client information. The changes also alert lawyers that they have an obligation to give appropriate instructions to nonlawyers outside the firm when retaining or directing those nonlawyers.

A new Model Court Rule on Practice Pending Admission that would enable a lawyer licensed in one jurisdiction to establish a systematic and continuous presence in a new jurisdiction while diligently pursuing admission in the new jurisdiction through one of the procedures that the jurisdiction authorizes (e.g., admission by motion or passage of that jurisdiction’s bar examination)

Amendments to the ABA Model Rule on Admission by Motion that would reduce the time in practice requirement from 5 years to 3 years and a resolution urging jurisdictions that have not adopted this Model Rule to do so without additional restrictions, such as reciprocity requirements.

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The Future of Legal Ethics

The next wave of changes in the Model Rules of Professional Conduct is building up offshore as the work of the ABA's Ethics 20/20 Commission begins to draw to a close. The terrific Legal Ethics Forum blog has a post by the Commission's chief reporter, Andrew Perlman, that serves as a handy guide-at-a-glance to where things stand at the moment. Gelman has posted in the hopes of getting detailed, helpful comment by the Commission's next meeting in early April. Here's the guts of the post:

Amendments to Model Rule 1.1 (Competence) to clarify that lawyers have an obligation under the Rule to make reasonable efforts to ensure that the work outsourced to lawyers is performed competently and contributes to the overall competent and ethical representation of the client. A new Comment identifies the relevant factors to consider when assessing whether those efforts have been reasonable.

Amendments to Model Rule 5.3 (Responsibilities Regarding Nonlawyer Assistants) to underscore that lawyers should make reasonable efforts to ensure that nonlawyers outside the firm provide their services in a manner that is compatible with the lawyer’s own professional obligations, including the lawyer’s obligation to protect client information. The changes also alert lawyers that they have an obligation to give appropriate instructions to nonlawyers outside the firm when retaining or directing those nonlawyers.

A new Model Court Rule on Practice Pending Admission that would enable a lawyer licensed in one jurisdiction to establish a systematic and continuous presence in a new jurisdiction while diligently pursuing admission in the new jurisdiction through one of the procedures that the jurisdiction authorizes (e.g., admission by motion or passage of that jurisdiction’s bar examination)

Amendments to the ABA Model Rule on Admission by Motion that would reduce the time in practice requirement from 5 years to 3 years and a resolution urging jurisdictions that have not adopted this Model Rule to do so without additional restrictions, such as reciprocity requirements.